Environmental Protection Agency February 2005 – Federal Register Recent Federal Regulation Documents

Agency Information Collection Activities: Proposed Collection; Comment Request; Recordkeeping and Period Reporting of the Production, Import, Export, Recycling, Destruction, Transhipment and Feedstock Use of Ozone-Depleting Substances, EPA ICR Number 1432.22, OMB Control Number 2060-0170
Document Number: 05-3797
Type: Notice
Date: 2005-02-28
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on May 31, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Gulf of Mexico Program Citizens Advisory Committee Meeting
Document Number: 05-3796
Type: Notice
Date: 2005-02-28
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act (Public Law 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC).
Meeting of the Mobile Sources Technical Review Subcommittee
Document Number: 05-3795
Type: Notice
Date: 2005-02-28
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in March, 2005. This is an open meeting. The meeting will include updates on workgroup activities, and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting, as well as the minutes from the previous (October, 2004) meeting will be posted on the Subcommittee's Web site: http://www.epa.gov/air/caaac/ mobilesources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, go to https://lists.epa.gov/read/ allforums/subscribe?name=mstrs. The site contains instructions and prompts for subscribing to the listserver service.
Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2003
Document Number: 05-3794
Type: Notice
Date: 2005-02-28
Agency: Environmental Protection Agency
The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2003 is available for public review. Annual U.S. emissions for the period of time from 1990-2003 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), Hydrofluorocarbons (HFC), perflourocarbons (PFC), and sulfur hexaflouride (SF6) emissions. The inventory also includes estimates of carbon sequestration in U.S. forests. The technical approach used in this report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by the Intergovernmental Panel on Climate Change (IPCC) and reported in a format consistent with the United Nations Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC.
Agency Information Collection Activities: Proposed Collection; Comment Request; National Survey on Environmental Management of Asthma, EPA ICR Number 1996.03, OMB Control Number 2060-0490
Document Number: 05-3793
Type: Notice
Date: 2005-02-28
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on August 31, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Science Advisory Board (SAB) Staff Office SAB Ad Hoc All-Ages Lead Model (AALM) Review Panel; Request for Nominations
Document Number: 05-3792
Type: Notice
Date: 2005-02-28
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office is announcing the formation of an ad hoc SAB panel to review the Agency's ``All-Ages Lead Model (AALM)'' (hereinafter, the ``Ad Hoc AALM Review Panel'' or ``Panel''), and is hereby soliciting nominations for this Panel.
Azinphos-methyl; Notice of Receipt of Requests to Voluntarily Cancel or to Amend to Terminate Uses of Certain Pesticide Registrations
Document Number: 05-3733
Type: Notice
Date: 2005-02-28
Agency: Environmental Protection Agency
In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of requests by the technical registrants to amend their registrations to terminate uses of certain products containing the pesticide azinphos-methyl. The requests would terminate azinphos- methyl use in or on caneberries, cotton, cranberries, nectarines, peaches, potatoes, and southern pine seed orchards. EPA intends to grant these requests at the close of the comment period for this announcement unless, based on substantive comments received during the comment period or other relevant information, the Agency determines that the requests merit further review. Upon granting these requests, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: 05-3677
Type: Rule
Date: 2005-02-28
Agency: Environmental Protection Agency
The EPA is approving revisions to the particulate matter (PM) and sulfur dioxide (SO2) emission requirements for Pfizer, Inc. (Pfizer). Pfizer operates a medicinal chemical manufacturing facility in Vigo County, Indiana. On October 7, 2004, Indiana submitted a request for PM and SO2 emissions limit revisions as an amendment to its State Implementation Plan (SIP) at the Vigo County facility. Pfizer has removed five boilers from its facility. Indiana has requested the deletion of the site-specific PM and SO2 emission limits for all five removed boilers. A new boiler has replaced three of the removed boilers. The new boiler is subject to the current New Source Performance Standard limits for PM and SO2 emissions. There will be no increase in PM or SO2 emissions as a result of the requested revisions.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: 05-3676
Type: Proposed Rule
Date: 2005-02-28
Agency: Environmental Protection Agency
The EPA is proposing to approve revisions to the particulate matter (PM) and sulfur dioxide (SO2) emission requirements for Pfizer, Inc. (Pfizer). Pfizer operates a medicinal chemical manufacturing facility in Vigo County, Indiana. On October 7, 2004, Indiana submitted a request for PM and SO2 emission limit revisions as an amendment to its State Implementation Plan (SIP). Pfizer has removed five boilers from its facility. Indiana has requested the deletion of the site-specific PM and SO2 emission limits for all five removed boilers. A new boiler has replaced three of the removed boilers. It is subject to the applicable New Source Performance Standards. There will be no increase in PM or SO2 emissions as a result of the requested revisions.
Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units; and Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units
Document Number: 05-2996
Type: Proposed Rule
Date: 2005-02-28
Agency: Environmental Protection Agency
Pursuant to section 111(b)(1)(B) of the Clean Air Act (CAA), the EPA has reviewed the emission standards for particulate matter (PM), sulfur dioxide (SO2), and nitrogen oxides (NOX) contained in the standards of performance for electric utility steam generating units, industrial-commercial-institutional steam generating units, and small industrial-commercial-institutional steam generating units. This action presents the results of EPA's review and proposes amendments to standards consistent with those results. Specifically, we are proposing amendments to the PM, SO2, and NOX emission standards. We are also proposing to replace the current percent reduction requirement for SO2 with an output-based SO2 emission limit. We are also proposing an amendment to the PM emission limit. In addition to amending the emissions limits, we also are proposing several technical clarifications and corrections to existing provisions of the current rules.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-3687
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
EPA has environmental concerns about the proposed project's impacts to wetlands, water quality, air quality, stormwater management, noise, cumulative impacts, and leaking underground storage tanks. ERP No. D-FHW-J40168-UT Rating EC2, 11400 South Project, Proposed Improvement to the Transportation Network in the Southern Salt Lake Valley from 12300/12600 South to 10400/10600 South, and from Bangerter Highway to 700 East, Salt Lake City, Salt Lake County, UT. Summary: EPA has environmental concerns about the proposed project regarding indirect and cumulative impacts, which were not adequately analyzed in the document. ERP No. D-IBR-K30031-CA Rating 3, Central Valley Project, San Luis Unit Long-Term Water Service Contract Renewal, West San Joaquin Division, Cities of Avenal, Coalinga and Huron, Fresno, King and Merced Counties, CA. Summary: EPA commented that the Draft EIS did not analyze the proposed federal action of full delivery of contract quantities, the existing conditions and ongoing water quality degradation in the area, or the influence of drainage management on the proposed action. EPA recommended a Revised or Supplemental EIS be prepared that fully analyzes the proposed federal action and its potential environmental impacts. ERP No. D-NPS-K65275-AZ Rating EC2, Colorado River Management Plan, To Provide a Wilderness-Type River Experience for Visitors, General Management Plan, Grand Canyon National Park, Colorado River, Coconino County, AZ. Summary: EPA expressed concerns about the project's potential impacts to water quality and insufficient information regarding appropriate mitigation to minimize and avoid those impacts. EPA recommended that the National Park Service, Hualapai Tribe, and other partners obtain baseline and periodic water quality monitoring information in the lower gorge and adaptively manage activities over the life of this plan. ERP No. DR-CBP-K99031-AZ Rating EC2, Programmatic EISOffice of Border Patrol Operational Activities within the Border Areas of the Tucson and Yuma Sectors, Expansion of Operations of Technology-Based Systems, Completion and Maintenance of Approved Infrastructure, Cochise, Pima, Santa Cruz and Yuma Counties, AZ. Summary: EPA expressed environmental concerns about the project's impacts to air quality and wildlife habitat and requested additional information regarding the proposed action, mitigation, and the relationship to JTF-6 be included in the Final EIS.
Environmental Impact Statements; Notice of Availability
Document Number: 05-3686
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
Peanuts, Tree Nuts, Milk, Soybeans, Eggs, Fish, Crustacea, and Wheat; Exemption From the Requirement of a Tolerance; Technical Correction
Document Number: 05-3684
Type: Rule
Date: 2005-02-25
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of January 7, 2005 (70 FR 1357) (FRL-7694-5), establishing a tolerance exemption for peanuts, tree nuts, milk, soybeans, eggs, fish, crustacea, and wheat. This document is being issued to correct the inadvertent omission of the date by which objections and requests for hearings must be received.
Agency Information Collection Activities: Proposed Collection; Comment Request; National Volatile Organic Compound Emission Standards for Architectural Coatings, EPA ICR Number 1750.04, OMB Control Number 2060-0393
Document Number: 05-3683
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501, et seq.), this document announces that the Environmental Protection Agency (EPA) is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. The existing ICR is scheduled to expire on April 30, 2005. Before submitting the ICR renewal to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Connecticut; Plan for Controlling Emissions From Existing Municipal Waste Combustors
Document Number: 05-3682
Type: Proposed Rule
Date: 2005-02-25
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) proposes to approve the sections 111(d)/129 State Plan submitted by the Connecticut Department of Environmental Protection (DEP) on September 16, 2004. This State Plan is for carrying out and enforcing provisions that are at least as protective as the Emissions Guidelines (EG) applicable to certain existing Municipal Waste Combustors (MWCs) in accordance with sections 111 and 129 of the Clean Air Act. The Connecticut DEP submitted the Plan to satisfy certain Federal Clean Air Act requirements.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Connecticut; Plan for Controlling MWC Emissions From Existing Municipal Waste Combustors
Document Number: 05-3679
Type: Rule
Date: 2005-02-25
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) approves the sections 111(d)/129 State Plan submitted by the Connecticut Department of Environmental Protection (CT DEP) on September 16, 2004. This State Plan is for implementing and enforcing provisions at least as protective as the federal Emission Guidelines (EGs) applicable to existing large and small Municipal Waste Combustion (MWC) units.
Approval and Promulgation of State Plan for Designated Facilities and Pollutants; Forsyth County, Mecklenburg County and Buncombe County, NC, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, TN
Document Number: 05-3675
Type: Rule
Date: 2005-02-25
Agency: Environmental Protection Agency
EPA is notifying the public that it has received negative declarations for Commercial and Industrial Solid Waste Incineration (CISWI) units from Forsyth County, Mecklenburg County, and Buncombe County, North Carolina, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, Tennessee. These negative declarations certify that CISWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist in areas covered by the local air pollution control programs of Forsyth County, Mecklenburg County, and Buncombe County, North Carolina, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, Tennessee.
Full Tribal Pesticide Program Council Meeting; Notice of Public Meeting
Document Number: 05-3674
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
The Tribal Pesticide Program Council (TPPC) will hold a 2 and 1/2-day meeting, beginning on March 16 and ending on March 18, 2005. This notice announces the location and times for the meeting, and sets forth the tentative agenda topics. One Tribal Caucus scheduled each day.
Thiram Reregistration Eligibility Decision
Document Number: 05-3535
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide thiram. The Agency's risk assessments and other related documents also are available in the thiram docket. EPA has reviewed thiram through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Carboxin and Oxycarboxin; Availability of Reregistration Eligibility Decision Documents for Comment
Document Number: 05-3534
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
This notice announces availability and starts a 60-day public comment period on the Reregistration Eligibility Decision (RED) documents for the pesticide active ingredients carboxin and oxycarboxin. The RED represents EPA's formal regulatory assessment of the human health and environmental effects data base of the subject chemicals and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration.
Dimethipin Risk Assessments; Notice of Availability
Document Number: 05-3533
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
This notice announces the availability of EPA's risk assessments and related documents for the pesticide Dimethipin, and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED), for Dimethipin through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Imazalil; Availability of Reregistration Eligibility Decision
Document Number: 05-3532
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
This notice announces the availability of the Reregistration Eligibility Decision (RED) document for the pesticide active ingredient imazalil. The RED represents EPA's formal regulatory assessment of the human health and environmental data base of imazalil and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Workshops on How to Report for the 2006 Inventory Update Rule (IUR) Information Collection; Notice of Public Meeting
Document Number: 05-3531
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
The EPA is convening four public workshops to provide training for affected parties responsible for reporting during the 2006 Inventory Update Rule (IUR) information collection. The workshops will focus on the instructions for reporting. These instructions were revised in response to amendments to 40 CFR part 710 promulgated on January 7, 2003 (68 FR 847) (FRL-6767-4). These workshops are open to the public.
Ametryn Risk Assessments and Preliminary Risk Reduction Options Phase 3 of 4-Phase Process; Notice of Availability
Document Number: 05-3530
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
This notice announces the availability of EPA's risk assessments, preliminary risk reduction options, and related documents for ametryn, a triazine herbicide, and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for ametryn through a modified, 4-phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revised Format for Materials Being Incorporated by Reference
Document Number: 05-3359
Type: Rule
Date: 2005-02-25
Agency: Environmental Protection Agency
EPA is revising the format for materials submitted by Pennsylvania that are incorporated by reference (IBR) into its State implementation plan (SIP). The regulations affected by this format change have all been previously submitted by Pennsylvania and approved by EPA. This format revision will primarily affect the ``Identification of plan'' section, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, D.C., and the EPA Region III Office. EPA is also adding a table in the ``Identification of plan'' section which summarizes the approval actions that EPA has taken on the non-regulatory and quasi-regulatory portions of the Pennsylvania SIP.
State Innovation Grant Program, Notice of Availability of Solicitation for Proposals for 2005/2006 Awards
Document Number: 05-3529
Type: Notice
Date: 2005-02-24
Agency: Environmental Protection Agency
The Environmental Protection Agency, National Center for Environmental Innovation (NCEI) is giving notice of the availability of its solicitation for proposals for the 2005/2006 grant program to support innovation by state environmental regulatory agenciesthe ``State Innovation Grant Program.'' The full text of the solicitation includes the following: Background information on the State Innovation Grant Program, including prior awards; A description of the 2005-2006 program; The process for preparing and submitting proposals; The State Innovation Grant Program selection criteria; A description of the selection and award process; A pre-proposal checklist to help States prepare effective proposals; A list of definitions for purposes of this solicitation. The solicitation is available at the Agency's State Innovation Grant Web site: http://www.epa.gov/innovation/stategrants/ solicitation2005.pdf, or may be requested from the Agency by e-mail, telephone, or by mail. Only the principal environmental regulatory agency within each State (generally, where delegated authorities for Federal environmental regulations exist) is eligible to receive these grants.
Clean Water Act; Contractor Access to Confidential Business Information
Document Number: 05-3528
Type: Notice
Date: 2005-02-24
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) intends to transfer confidential business information (CBI) collected from the pulp, paper, and paperboard manufacturing; iron and steel manufacturing; and other industries listed below to Eastern Research Group, Inc. (ERG), and its subcontractors. Transfer of the information will allow the contractor and subcontractors to support EPA in the planning, development, and review of effluent limitations guidelines and standards under the Clean Water Act (CWA), and the development of discharge standards under Title XIV: Certain Alaskan Cruise Ship Operations (33 U.S.C. 1902 note). The information being transferred was or will be collected under the authority of section 308 of the CWA. Some information being transferred from the pulp, paper, and paperboard industry was collected under the additional authorities of section 114 of the Clean Air Act (CAA) and section 3007 of the Resource Conservation and Recovery Act (RCRA). Interested persons may submit comments on this intended transfer of information to the address noted below.
Drinking Water Contaminant Candidate List 2; Final Notice
Document Number: 05-3527
Type: Notice
Date: 2005-02-24
Agency: Environmental Protection Agency
The Safe Drinking Water Act (SDWA), as amended in 1996, requires the Environmental Protection Agency (EPA) to publish a list of contaminants that, at the time of publication, are not subject to any proposed or promulgated national primary drinking water regulations, that are known or anticipated to occur in public water systems, and that may require regulations under SDWA (section 1412 (b)(1)). SDWA, as amended, specifies that EPA must publish the first list of drinking water contaminants no later than 18 months after the date of enactment, i.e., by February 1998, and every five years thereafter. The EPA published the first Candidate Contaminant List (CCL) in March of 1998 (63 FR 10273). The second draft CCL (CCL 2) was published on April 2, 2004 (69 FR 17406) and announced EPA's preliminary decision to carry forward the remaining 51 contaminants on the 1998 CCL as the draft CCL 2, provided information on EPA's efforts to expand and strengthen the underlying CCL listing process to be used for future CCL listings, and sought comment on the draft list as well as EPA's efforts to improve the contaminant selection process for future CCLs. Today's final CCL 2 carries forward the remaining 51 contaminants proposed on April 2, 2004.
Proposed Approval and Promulgation of Implementation Plans; Texas; Low-Emission Diesel Fuel Compliance Date
Document Number: 05-3526
Type: Proposed Rule
Date: 2005-02-24
Agency: Environmental Protection Agency
The EPA proposes to approve revisions to the Texas State Implementation Plan (SIP). We are proposing approval, through parallel processing, of a revision to the SIP that would change the compliance date for Texas Low-Emission Diesel (TXLED) fuel from April 1, 2005, to October 1, 2005. In addition, we are requesting comments on a refinement to the State's proposed revision. The refinement contemplated by the State is a phased schedule which would extend the compliance date from April 1, 2005 to October 1, 2005 for producers and importers, from April 1, 2005 to November 15, 2005 for bulk plant distribution facilities, and from April 1, 2005 to January 1, 2006 for retail fuel dispensing outlets, wholesale bulk purshaser/consumer facilities, and all other affected persons. The change is being made to address fuel supply uncertainty in the April 2005 time frame.
Ocean Dumping; Proposed Site Designation
Document Number: 05-3525
Type: Proposed Rule
Date: 2005-02-24
Agency: Environmental Protection Agency
EPA today proposes to designate a new Ocean Dredged Material Disposal Site (ODMDS) in the Atlantic Ocean offshore Port Royal, South Carolina, as an EPA-approved ocean dumping site for the disposal of suitable dredged material. This proposed action is necessary to provide an acceptable ocean disposal site for consideration as an option for dredged material disposal projects in the greater Port Royal, South Carolina vicinity. This proposed site designation is for an indefinite period of time, but the site is subject to continuing monitoring to insure that unacceptable adverse environmental impacts do not occur.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Dyes and/or Pigments Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities; Designation of Five Chemicals as Appendix VIII Constituents; Addition of Four Chemicals to the Treatment Standards of F039 and the Universal Treatment Standards
Document Number: 05-3454
Type: Rule
Date: 2005-02-24
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is today listing as hazardous nonwastewaters generated from the production of certain dyes, pigments, and FD&C colorants. EPA is promulgating this regulation under the Resource Conservation and Recovery Act (RCRA), which directs EPA to determine whether these wastes pose a substantial present or potential hazard to human health or the environment when they are improperly treated, stored, transported, disposed of or otherwise managed. This listing sets annual mass loadings for constituents of concern, such that wastes would not be hazardous if the constituents are below the regulatory thresholds. If the wastes meet or exceed the regulatory levels for any constituents of concern, the wastes must be managed as listed hazardous wastes, unless the wastes are either disposed in a landfill unit that meets certain liner design criteria, or treated in a combustion unit as specified in the listing description. This rule also adds five toxic constituents to the list of hazardous constituents that serves as the basis for classifying wastes as hazardous. In addition, this rule establishes Land Disposal Restrictions (LDR) treatment standards for the wastes, and designates these wastes as hazardous substances subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This rule does not adjust the one pound statutory reportable quantity (RQ) for the waste.
Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Revised Format of 40 CFR Part 52 for Materials Being Incorporated by Reference
Document Number: 05-3453
Type: Rule
Date: 2005-02-24
Agency: Environmental Protection Agency
EPA is revising the format of 40 CFR part 52 for materials submitted by the state of Minnesota that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by Minnesota and approved by EPA. This format revision will primarily affect the ``Identification of plan'' section of 40 CFR part 52, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Region 5 Office. EPA is also adding a table in the ``Identification of plan'' section which summarizes the approval actions that EPA has taken on the non-regulatory and quasi-regulatory portions of the Minnesota SIP. The sections of 40 CFR part 52 pertaining to provisions promulgated by EPA or state-submitted materials not subject to IBR review remain unchanged.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: 05-3452
Type: Proposed Rule
Date: 2005-02-24
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 1 announces its intent to delete a portion of the Peterson/Puritan, Inc. Superfund Site (the Site), owned by Macklands Realty, Inc. and Berkeley Realty, Co. (herein Macklands and Berkeley properties), from the National Priorities List (NPL). EPA requests public comment on this action. The NPL constitutes appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This partial deletion at Operable Unit Two (OU 2) of the Peterson/Puritan, Inc. Site is proposed in accordance with 40 CFR 300.425(e) and the Notice of Policy Change: Partial Deletion of Sites Listed on the National Priorities List 60 FR 55466 (November 1, 1995). The Site is made up of two formally designated operable units. This proposal for partial deletion pertains only to a portion of OU 2 consisting of 19.8 acres of the estimated 217 acres contained in OU 2. Macklands Realty, Inc. owns Plat 14, Lot 2 which consists of approximately 10.1 acres proposed for deletion while Berkeley Realty, Co. owns Plat 15, Lot 1 which consists of approximately 9.7 acres proposed for deletion. These properties are also known locally as the proposed Berkeley Commons and River Run developments, located along the eastern slope of the Blackstone River Valley between State Route 122 and the Blackstone River in Cumberland, Rhode Island. The western extent of the Macklands and Berkeley properties also makes up a portion of the northeastern boundary of OU 2. The remaining portions of OU 2 will stay on the NPL, and the Remedial Investigation and Feasibility Study (RI/FS) will continue as planned at OU 2. EPA bases its intent to delete this portion at OU 2 on the determination by EPA and Rhode Island Department of Environmental Management (RIDEM) that investigations have shown that the area proposed for deletion poses no significant threat to human health or the environment and, therefore, currently warrants that no further response action is required at the Macklands and Berkeley properties.
Protection of Stratospheric Ozone: Supplemental Proposal for the Allocation of Essential Use Allowances for Calendar Year 2005
Document Number: 05-3451
Type: Proposed Rule
Date: 2005-02-23
Agency: Environmental Protection Agency
This action supplements EPA's December 22, 2004, notice of proposed rulemaking (69 FR 76655). In proposing essential use allocations for calendar year 2005, EPA published an incorrect number for the quantity of controlled substances to be allocated to one company, Armstrong Pharmaceuticals. This supplemental proposed rule is being issued to correct the error by increasing Armstrong's allocation to equal the amount determined by the U.S. Food and Drug Administration (FDA) to be medically necessary in 2005. As a result of this action, the total allocations to all companies would be raised from 1524.58 metric tons, as originally proposed, to 1766.48 metric tons.
EPA Science Advisory Board Staff Office; Request for Nominations of Experts for the Arsenic Review Panel
Document Number: 05-3449
Type: Notice
Date: 2005-02-23
Agency: Environmental Protection Agency
Requesting the nomination of experts for the Science Advisory Board (SAB) Arsenic Review Panel.
Methyl Eugenol; Tolerance Reassessment Decision for Low Risk Pesticide; Notice of Availability; Correction
Document Number: 05-3447
Type: Notice
Date: 2005-02-23
Agency: Environmental Protection Agency
EPA issued a notice in the Federal Register of February 2, 2005, concerning EPA's Tolerance Reassessment Decision (TRED) for the pesticide Methyl Eugenol. This document is being issued to correct typographical error in the DATES section of the previous Federal Register Notice. The earlier text read ``Comments, identified by docket ID number OPP-2004-0418, must be received on or before February 3, 2005.''The date of ``February 3, 2005'' was a typographical error.
Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
Document Number: 05-3446
Type: Notice
Date: 2005-02-23
Agency: Environmental Protection Agency
EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were granted during the period October 1, 2004 to Decmeber 31, 2004 to control unforseen pest outbreaks.
Prevention of Significant Deterioration for Nitrogen Oxides
Document Number: 05-3366
Type: Proposed Rule
Date: 2005-02-23
Agency: Environmental Protection Agency
To preserve the air quality in national parks and other areas that are meeting the national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2), EPA is reevaluating the increments for NO2 that were first established in 1988 under its program to prevent significant deterioration of air quality (PSD program). The EPA is initiating this rulemaking action to comply with a 1990 court ruling that directed the Agency to consider and harmonize the statutory criteria for establishing PSD regulations for nitrogen oxides (NOX) contained in sections 166(c) and 166(d) of the Clean Air Act (CAA or Act). After an initial reevaluation of the existing NO2 increments under these statutory criteria, EPA is proposing three options. One proposed option is not to change the existing increments. We are also proposing two other options that would allow States to use alternative approaches in lieu of the existing increments for NO2 to satisfy the statutory criteria for preventing significant deterioration of air quality due to emissions of NOX. These proposed options include implementation of either an EPA-administered cap and trade program or a State planning approach.
Mississippi: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: 05-3364
Type: Proposed Rule
Date: 2005-02-23
Agency: Environmental Protection Agency
Mississippi has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Mississippi for RCRA Clusters IV through X. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.
Mississippi: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: 05-3363
Type: Rule
Date: 2005-02-23
Agency: Environmental Protection Agency
Mississippi has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this authorization during the comment period, the decision to authorize Mississippi's changes to its hazardous waste program will take effect. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.
Dichlormid; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-3361
Type: Notice
Date: 2005-02-23
Agency: Environmental Protection Agency
This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.
Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and on or Before August 17, 1983; and Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983
Document Number: 05-3360
Type: Rule
Date: 2005-02-22
Agency: Environmental Protection Agency
This action promulgates amendments to the new source performance standards for electric arc furnaces constructed after October 21, 1974, and on or before August 17, 1983, and the new source performance standards for electric arc furnaces constructed after August 17, 1983. The final amendments add alternative requirements for monitoring emissions from furnace exhausts and make minor editorial corrections.
Revisions to the California State Implementation Plan, El Dorado County Air Quality Management District (Mountain Counties Portion), Imperial County Air Pollution Control District, and South Coast Air Quality Management District
Document Number: 05-3358
Type: Rule
Date: 2005-02-22
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the El Dorado County Air Quality Management District (EDCAQMD) (Mountain Counties portion), Imperial County Air Pollution Control District (ICAPCD), and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). The revisions concern an obsolete permitting rule and the storage and transfer of gasoline at dispensing facilities. We are removing an obsolete local permitting rule and are approving local rules that regulate volatile organic compound (VOC) emissions under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, El Dorado County Air Quality Management District (Mountain Counties Portion), Imperial County Air Pollution Control District, and South Coast Air Quality Management District
Document Number: 05-3357
Type: Proposed Rule
Date: 2005-02-22
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the El Dorado County Air Quality Management District (EDCAQMD) (Mountain Counties portion), Imperial County Air Pollution Control District (ICAPCD), and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). The revisions concern an obsolete permitting rule and the storage and transfer of gasoline at dispensing facilities. We are proposing to remove an obsolete local permitting rule and are proposing to approve local rules that regulate volatile organic compound (VOC) emissions under the Clean Air Act as amended in 1990 (CAA or the Act).
Agency Information Collection Activities: Proposed Collection; Comment Request; Reporting Requirements for BEACH Act Grants, EPA ICR Number 2048.01, OMB Control Number 2040-0244
Document Number: 05-3356
Type: Notice
Date: 2005-02-22
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on July 31, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District
Document Number: 05-3186
Type: Proposed Rule
Date: 2005-02-22
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). These revisions concern the permitting of air pollution sources. We are proposing to approve local rules under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District
Document Number: 05-3185
Type: Rule
Date: 2005-02-22
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). These revisions concern the permitting of air pollution sources. We are approving local rules under authority of the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Great Basin Unified Air Pollution Control District and Ventura County Air Pollution Control District
Document Number: 05-3183
Type: Rule
Date: 2005-02-22
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the Great Basin Unified Air Pollution Control District (GBUAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on June 7, 2004 and concern the emission of particulate matter (PM-10) from open burning and incinerator burning. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-3188
Type: Notice
Date: 2005-02-18
Agency: Environmental Protection Agency
EPA expressed environmental concerns about potential effects to aquatic and terrestrial resources from large scale management activity, and requested additional information on the ongoing beetle epidemic, especially its impact on meeting project goals. ERP No. D-AFS-J65431-UT Rating EC2, Duck Creek Fuels Treatment Analysis, To Reduce Fuels, Enhance Fire-Tolerant Vegetation and Provide Fuel Breaks, Dixie National Forest, Cedar City Ranger District, Kane County, UT. Summary: EPA expressed environmental concerns about the potential for adverse impacts to water quality and aquatic habitat, degradation of soils and impacts to wildlife from reduction of old growth habitat. The Final EIS should discuss additional mitigation measures to reduce impacts in important wildlife habitat and back-country areas. ERP No. D-AFS-J65434-CO Rating EC2, County Line Vegetation Management Project, Salvaging Spruce Beetle Infected Trees and Thinning Spruce-Fir Stand, Rio Grande National Forest, Conejos Peak Ranger District, Conejes County, CO. Summary: EPA expressed environmental concerns about soil disturbance and erosion, runoff, sedimentation, and habitat impacts in streams that have a population of genetically pure Rio Grande cutthroat trout, and wildlife impacts to sensitive species such as threatened Canada Lynx, Northern Goshawk, and Boreal Owl. EPA recommended that the Preferred Alternative be modified to protect critical, older-growth spruce-fir wildlife habitats. ERP No. D-AFS-K65277-CA Rating EC2, Modoc National Forest Noxious Weed Treatment Project, Proposes to Implement a Control and Eradication Project, Lassen, Modoc and Siskiyou Counties, CA. Summary: EPA expressed environmental concerns about integration of weed treatments, impacts to water quality, toxicity of herbicides to wildlife, and addressing tribal concerns regarding herbicide use. ERP No. D-USA-L11037-AK Rating EC2, Battle Area Complex (BAX) and a Combined Arms Collective Training Facility (CACTF) Construction and Operation, U.S. Army Training Lands in Alaska. Summary: EPA expressed concerns related to water resource, wetland, and habitat impacts, and recommended that additional criteria could be used to expand the range of alternatives in order to minimize environmental impacts. ERP No. DR-IBR-K39048-CA Rating EC2, Truckee River Operating Agreement (TROA) Modify Operations of Five Federal and Two Non-Federal Reservoirs to Facilitate Distribution of Water, Truckee River Basin, EL Dorado, Nevada, Placer and Sierra Counties, CA and Douglas, Lyon, Storey and Washoe Counties, NV. Summary: EPA expressed concerns about potential impacts to water quality and sensitive resources, and requested additional information in the Final EIS on water quality, alternatives, biological resources, cumulative impacts, water conservation, and program monitoring and reporting measures.